Toolkit – Promoting Internet Freedoms in Southeast Asia

Toolkit – Promoting Internet Freedoms in Southeast Asia

The COVID-19 pandemic has reinforced the role of the Internet as a basic necessity, indispensable to conducting work, attending school, and participating in social and political activities. In January 2021, around 59.5% of the world’s population was using the Internet, 10% of which is in Southeast Asia. The United Nations and many governments around the world have also recognized internet access as a human right, the fulfilment of which relies on the safe and free exercise of Internet freedoms.

As Internet use continuously grows, it has also become a battleground for human rights, with state and non-state actors using it to either put people at risk of human rights abuses or prevent individuals from fully and safely exercising their Internet freedoms.

To  empower parliamentarians (MPs) to advocate for internet freedoms, APHR in partnership with the International Center for Not-For-Profit Law (ICNL), presents this Toolkit for Parliamentarians: Promoting Internet Freedoms in Southeast Asia. It introduces the international norms and standards governing internet freedoms, highlights common and pressing challenges found in the region, and outlines recommendations for MPs on how they can utilize their role to promote and strengthen these freedoms.

DOWNLOAD HERE

Letter to Frances Haugen – Engaging with civil society after Facebook revelations

Letter to Frances Haugen – Engaging with civil society after Facebook revelations

Dear Ms Haugen,

We greatly appreciate your courage and tenacity in exposing the wrongdoings of Facebook and helping to
safeguard our democracies. Following your recent public interventions to policymakers and legislations, we
are writing to invite you to open up a dialogue with civil society and human rights organisations like us.

Whistle-blowers like you show the urgent need to set democratic rules and human rights framework for
digital platforms. Your revelations have laid bare some of the systemic risks deriving from the tech giant’s
misbehaviour that we have been denouncing for years: social media companies like Facebook continue to
resist changing their extractive and divisive business models, despite knowing that their products and
commercial logics are harming users.

We are glad that you put your knowledge and experience at the disposal of legislators, governments and
regulators around the world and that you shared with them the overwhelming evidence that you bravely
collected and that constitutes an unparalleled source of information.

At the same time though, we also firmly believe that the discussion on these issues must not be limited to
legislators and governments. We need the active participation of all stakeholders to ensure that we end up
with solutions that work for business and people alike. A dialogue with civil society organisations is crucial
in this process. We need to find synergies and build together a fairer, decentralised, more transparent and
accountable digital environment.

As representatives of civil society, we are and want to remain a fundamental part of this debate. Yet, due to
systemic power and information asymmetries, we often lack access to evidence and information for our
activities and campaigns. This inevitably skews the political debates and lobbying activities that are taking
place in Europe and worldwide.

So here is our proposal: We would kindly ask you for an opportunity to, first, speak to you and exchange our
ideas, and to, second, have access to the Facebook dossiers that you have revealed. This would enormously
benefit our common cause.

Discussing with you our proposals will help us better understand and assess their strengths and weaknesses.
Your insights would be a unique opportunity for us to test and progress with our ideas. In addition, having
access to the evidence you collected would not only support our evidence-based policy making and public
calls for interventions, but also benefit our efforts to monitor, denounce and litigate cases of violations of
users’ rights.

All in all, we would be delighted if we could meet and exchange our thoughts and ideas. We would be happy
to schedule a dedicated meeting at your earliest convenience.

Many thanks in advance for your valuable time and contribution, and we are looking forward to hearing from
you soon.

Kind regards

Undersigned civil society organisations

List of signatories

International

ARTICLE 19: Global Campaign for Free Expression
CIVICUS: World Alliance for Citizen Participation
International Commission of Jurists
Americas
Coletivo Brasil de Comunicação Social
Coletivo Digital São Paulo/Brazil
Derechos Digitales
Idec – Instituto Brasileiro de Defesa do Consumidor
Instituto Cultura e Democracia (Brasil)
IPANDETEC – Centroamérica
Observatório da Ética Jornalística (objETHOS)
Rede Latino-americana de Estudos sobre Vigilância, Tecnologia e Sociedade (LAVITS)

Asia

ASEAN Parliamentarians for Human Rights (APHR)
Fortify Rights
Legal Initiatives for Vietnam
The 88 Project, Vietnam

Europe

Digitale Gesellschaft, Switzerland
Državljan D/ Citizen D, Slovenia
noyb – European Center for Digital Rights, Austria
Open Rights Group, The United Kingdom
Panoptykon Foundation, Poland
Wikimedia France, France

Joint NGO letter urging EU targeted sanctions against NSO Group

Joint NGO letter urging EU targeted sanctions against NSO Group

Dear High Representative Borrell,
Dear Foreign Ministers of EU member states,

We are writing following credible revelations that Israeli NSO Group’s Pegasus Spyware was used to hack the devices of six Palestinian human rights activists – the latest in a growing series of reports about human rights abuses linked to the use of NSO technology – to urge that the EU takes serious and effective measures against NSO Group, including the designation of the entity under the EU’s global human rights sanctions regime.

Already in July, reporting by the Pegasus Project – a collaboration of more than 80 journalists from 16 media organizations in 10 countries coordinated by Forbidden Stories with the technical support of Amnesty International – exposed how the Pegasus software was used to infiltrate the devices of activists, journalists, and opposition figures, including in the EU. Forbidden Stories and its media partners identified potential NSO clients in countries known to engage in unlawful and arbitrary surveillance of their citizens and also known to have been clients of NSO Group.

The systemic targeting of Palestinian human rights defenders with Pegasus provides further evidence of a pattern of human rights abuses facilitated by NSO Group through spyware sales to governments that use the technology to persecute civil society and social movements in many countries around the world. Furthermore, these abuses underscore how NSO Group’s human rights policy fails to prevent and mitigate human rights abuse in a meaningful way.

NSO Group has repeatedly denied the allegations included in the Pegasus Project reporting and the revelations that Pegasus was used to target Palestinian human rights defenders. None of the Pegasus Project partners or groups that revealed the hacking of Palestinians have retracted their reporting. In fact, additional independent reporting and investigations from authorities corroborated the Pegasus Project’s findings.  

Following allegations on the use of the software by the Hungarian government, Commissioner Reynders announced an investigation into the matter and called for urgent action against the use of the spyware.

The EU’s global human rights sanctions regime allows the EU to adopt targeted sanctions against entities deemed responsible for violations or abuses that are “of serious concern as regards the objectives of the common foreign and security policy”, including violations or abuses of freedom of peaceful assembly and of association, or of freedom of opinion and expression (art. 1, par. d, iii and iv of Council Decision CFSP 2020/1999). These rights have been repeatedly violated using NSO technology, and, as highlighted by the UN Special Rapporteur on freedom of opinion and expression, the use of spyware by abusive governments can also facilitate extrajudicial, summary or arbitrary executions and killings, or enforced disappearance of persons, covered by art. 1, par. c, iii and iv of the Decision.

On November 3, the US Department of Commerce added NSO Group to its trade restriction list (Entity List), for “acting contrary to the foreign policy and national security interests of the United States”. The Department cited the use of NSO Group tools by foreign government clients to “maliciously target government officials, journalists, businesspeople, activists, academics, and embassy workers” and to enable “foreign governments to conduct transnational repression” by “targeting dissidents, journalists and activists outside of their sovereign borders to silence dissent.” 

The EU should follow suit and urgently put NSO on its global sanction list and take all appropriate action to prohibit the sale, transfer, export, import and use of NSO Group technologies, as well as the provision of services that support NSO Group’s products, until adequate human rights safeguards are in place.

Signatories:

Civil society organizations

  1. Access Now
  2. Agir ensemble pour les droits humains
  3. Americans for Democracy & Human Rights in Bahrain (ADHRB)
  4. Amnesty International
  5. Article 19
  6. ASEAN Parliamentarians for Human Rights
  7. Asia Democracy Network (ADN)
  8. Asian Forum for Human Rights and Development (FORUM-ASIA)
  9. Asian Network for Free Elections (ANFREL)
  10. Association for Progressive Communications (APC)
  11. Bahrain Institute for Rights and Democracy (BIRD)
  12. BoloBhi
  13. Cairo Institute for Human Rights (CIHRS)
  14. Cambodian Alliance of Trade Unions (CATU)
  15. Cambodian Center for Human Rights (CCHR)
  16. Cambodian Food And Service Workers Federation (CFSWF)
  17. Cambodian Human Rights and Development Association (ADHOC)
  18. Cambodian Institute for Democracy (CID)
  19. Cambodian Journalists Alliance Association (CamboJA)
  20. Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
  21. Cambodian Youth Network Association (CYN)
  22. Center for Alliance Of Labor and Human Rights (CENTRAL)
  23. Centre for Democracy and Technology (CDT)
  24. Centro de Derechos Humanos Miguel Agustín Pro Juárez / Miguel Agustín Pro Juárez Human Rights Centre
  25. CNCD-11.11.11
  26. CIVICUS
  27. Coalition of Cambodian Farmer Community (CCFC)
  28. Committee for Free and Fair Elections in Cambodia (COMFREL)
  29. Consortium on Gender, Security and Human Rights
  30. CyberPeace Institute
  31. Daraj
  32. Democracy for the Arab World Now (DAWN)
  33. Derechos Digitales
  34. Digital Rights Foundation
  35. Egyptian Front for Human Rights (EFHR)
  36. Egyptian Initiative for Personal Rights (EIPR)
  37. Election Monitoring and Democracy Studies Center, Azerbaijan
  38. Electronic Frontier Foundation (EFF)
  39. Equitable Cambodia (EC)
  40. EuroMed Rights
  41. FEMENA
  42. Free Press Unlimited
  43. Front Line Defenders
  44. Fundación Karisma, Colombia
  45. Global Centre for the Responsibility to Protect
  46. Global Forum for Media Development (GFMD)
  47. Human Rights Commission of Pakistan (HRCP)
  48. Human Rights House Foundation
  49. International Service for Human Rights (ISHR)
  50. International Federation for Human Rights (FIDH), within the framework of the Observatory for the Protection of Human Rights Defenders
  51. Internet Freedom Foundation (IFF), India
  52. Labour Rights Supported Union of Khmer Employees of NagaWorld (LRSU)
  53. Lebanese Association for Democratic Elections (LADE)
  54. Lebanese Center for Human Rights (CLDH)
  55. Legal Education Society, Azerbaijan
  56. Maharat Foundation
  57. MENA Rights Group
  58. Mother Nature Cambodia
  59. Network of Chinese Human Rights Defenders
  60. Not1More (N1M)
  61. Paradigm Initiative (PIN)
  62. Privacy International
  63. Red en Defensa de los Derechos Digitales (R3D)
  64. Reporters Without Borders (RSF)
  65. Sahmakum Teang Tnaut (STT)
  66. Samir Kassir Foundation
  67. Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic (CIPPIC) Canada
  68. Sharq
  69. SEEDS For Legal Initiatives
  70. SMEX
  71. Southeast Asia Freedom of Expression Network (SAFEnet)
  72. Tecnología, Investigación y Comunidad (TEDIC) Paraguay
  73. The Miaan Group
  74. Urgent Action Fund for Women’s Human Rights
  75. Women’s Association for Rational Development (WARD), Azerbaijan
  76. Women’s International League for Peace and Freedom (WILPF)
  77. World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders
  78. Youth Resources Development Program (YRDP) Cambodia
  79. 11.11.11
  80. 7amleh – The Arab Center for the Advancement of Social Media


Independent Experts

  1. Siena Anstis, Senior Legal Advisor, the Citizen Lab at the University of Toronto’s Munk School of Global Affairs & Public Policy
  2. Ron Deibert, Director of the Citizen Lab at the University of Toronto’s Munk School of Global Affairs & Public Policy
  3. Tamir Israel, Clinical Lecturer, University of Ottawa, Faculty of Law (Canada)
  4. Dr. Courtney Radsch, independent media, technology and human rights expert
  5. Marietje Schaake, Stanford Cyber Policy Center
Net users in Thailand, you are being watched

Net users in Thailand, you are being watched

By Mu Sochua

Over the past two years, Thailand has not just suffered repeated Covid-19 waves, but it has also faced growing discontent and criticism. Widespread protests have taken place calling for major reform of the political establishment.

Many aspects of these protests have been innovative, not only because they challenged usually taboo subjects such as monarchy reform and the army in politics. The protests took place both on the streets as well as the internet.

The internet has become an increasingly important space in Thailand’s pro-democracy movement, with digital-savvy netizens using the web to spread their messages and make their voices heard in the form of videos, memes, popular hashtags, and social media posts.

The authorities’ attempts to quash the protest movement and the control measures — with political cyberspace campaigns, are repressive laws to restrict internet use and have their online access and activities limited and monitored by state surveillance.

In its 2021 Freedom on the Net report, which analyses internet freedoms globally, Washington DC-based Freedom House, a non-profit group on democracy rated Thailand “not free”, giving it a grade of just 36 out of 100. “The internet is severely restricted in Thailand,” the report said.

Among the weapons in the government’s arsenal to control the internet are the Cybersecurity Act 2019, which allows the government to monitor and access digital data it deems “cyber threats” to the country, and the Computer Crime Act (CCA)2017.

The CCA, first introduced in 2007 and amended in 2017, is draconian in nature. It grants broad powers to the government to conduct surveillance, censor free speech and opinion, and target activists and political opponents. It allows the government to prosecute those it deems to be spreading “false” or “distorted information”.

The act has repeatedly been used to arrest activists in order to restrict freedom of expression. At the height of the pro-democracy protests in 2020, authorities targeted protesters and warned them against using online platforms to mobilise people to join the demonstrations. According to the Thai Lawyers for Human Rights (TLHR), between July 2020 and September 2021, 90 people in 103 cases were charged under the CCA.

The government did not stop there. In August, the Ministry of Digital Economy and Society introduced a new ministerial notification to update rules on retaining computer traffic data of service providers, pursuant to the CCA. This new notification adds requirements for a range of digital service providers, including internet providers, social media platforms, and messaging applications, to collect data to identify individuals and hand it over to authorities upon request. This data is admissible in court. Even public venues providing internet access are required to install surveillance cameras to aid authorities in identifying internet users.

Ultimately, these new rules are here to assist authorities in tracking down individuals whose online activities they deem to have violated the CCA. Given how the authorities have used the broadly worded CCA against those calling for change in Thailand, there are legitimate concerns the new ministerial notification was made not to fight cybercrime, but instead to grant authorities added arbitrary powers to crack down on free speech in the digital sphere.

The new ministerial notification took into account the increased popularity of social media and messaging platforms such as Facebook, Line, Telegram, YouTube, and Instagram, among others, and has now added them as the subject of increased state surveillance, outside of any accountability for the government. Since these surveillance activities are justified by the authorities in the interests of “national security”, users are not able to invoke their right to privacy under the Personal Data Protection Act 2021.

Despite the government’s efforts to control cyberspace, Thai youths and various pro-democracy groups are still displaying extreme courage, continuing their street protests and using social media to express opinions, raise awareness, and mobilise their campaigns. Yet, for them and all people in Thailand, keeping themselves safe from the government’s prying eyes is becoming increasingly challenging.

Internet service providers and parliamentarians should be at the forefront of fighting back against digital dictatorship, and urging the government to repeal laws and regulations that curtail internet freedom.

Mu Sochua is a board member of Asean Parliamentarians for Human Rights (APHR) and a former Cambodian member of parliament.

This article first appeared in the Bangkok Post

Myanmar military’s efforts to build a surveillance state must be rejected at every turn

Myanmar military’s efforts to build a surveillance state must be rejected at every turn

By Dr. Abel Pires Da Silva

Blocking the internet, monitoring phone calls, and even banning satellite dishes. Since its February 1 coup, the military junta in Myanmar has weaponized all forms of communication, including the Internet, to control and silence the population.

As well as a deadly campaign of terror, which has seen more than 1,100 people killed, thousands arrested, and hundreds of thousands displaced in brutal military operations against protesters and ethnic communities, Min Aung Hlaing’s regime has relied on an array of tactics and tools to control access to information and track down its many opponents. 

A further concern came in July, when Norwegian telecoms operator, Telenor, announced the planned sale of its Myanmar operations to M1 group, a Lebanese investment firm. Telenor, one of two foreign telcos to be operating in Myanmar, cited the “further deterioration of the situation and recent developments in Myanmar” as the basis of its sale.

Telenor’s pullout is the culmination of months of intense pressure from the military on telco operators since the coup, and comes after the junta banned senior foreign executives of telecommunications companies from leaving the country without permission. It has also been pressuring them to install surveillance software.

Telenor’s retreat from Myanmar is a major setback to its millions of subscribers who had hoped the company would protect their rights from a regime intent on using telecommunications information as part of its crackdown efforts. In the immediate aftermath of the coup, Telenor was the only operator to publicly list the government directives it had received, before stopping for what it said was the safety of its employees.

Its expected replacement, M1 Group, does not have a strong track record in this area. According to rights group Justice for Myanmar, the company was founded by former Lebanese Prime Minister Najib Mikati and his brother, Taha, who are “mired in corruption” and have “a history of cosying up to dictators, disregarding human rights and privacy in search of profits“. Justice for Myanmar called on Telenor to “immediately reverse this shameful sale“.

M1 Group is presumably well aware of the junta’s weaponization of the telecoms sector, and yet had no issues moving ahead.

The military regime has resorted to other measures to control telecommunications, including blocking social media, nightly Internet shutdowns between February and May, cutting off mobile data and wireless broadband, banning satellite dishes, and “whitelistingthousands of websites, ranging from e-commerce, to entertainment, news sites, web-based communications, and call centers.

In July, local outlet Frontier Myanmar revealed how the regime has also ordered mobile phone companies to install equipment that will enable them to monitor calls, text messages, and locations of selected users, flagging each time they use words such as “protest” or “revolution“. Mention of these words may trigger heavier surveillance, or be used as evidence against those being watched.

The junta is also monitoring social media use, including data from visited websites, as well as conversations over public and private chat groups. According to the Frontier report, this “cybersecurity team” is based inside the police’s Special Branch, a notorious surveillance department that heavily monitored suspected dissidents in the previous era of junta rule.

Meanwhile, the regime has also introduced amendments that legalize these restrictive measures, such as to the Penal Code, the Law Protecting the Privacy and Security of Citizens, and the Electronic Transactions Law. With these provisions, which have completely bypassed any form of democratic scrutiny, the junta has introduced harsher penalties for an extensive list of actions, including online speech, all while increasing its power over telecommunications operations.

Shutting down the Internet – as well as a host of other factors that are a result, directly or indirectly, of the coup – has decimated Myanmar’s economy. For example, Facebook, by far the most dominant online platform before the coup, remains blocked, including for those who rely on the social media network for their business. 

The limited access to information is also undermining the country’s response to the COVID-19 pandemic. Since the day of the coup, daily reporting on cases was brought almost to a halt. Myanmar continues to record thousands of cases per day, and crucial information is only available through official channels (which people, understandably, do not trust), as independent media and communication health information channels remain blocked.

As the junta’s efforts of building a surveillance state look set to continue, it’s crucial that the international community continues to call out their tactics at every turn, including by ensuring that technology from their countries does not assist the military in their efforts, for example, through “dual use” tools – such as cyberinfrastructure, software, data collection, and security tools – which were originally installed for civilian use but later repurposed for military uses.

The crisis in Myanmar provides an unprecedented opportunity to review how businesses can uphold human rights, and those with any form of operations in the country must review their potential impacts to ensure their customers are safe from harassment and harm.

To counter the junta’s restrictions and surveillance, governments must cooperate with actors in the digital sphere to contribute towards providing safe and secure internet access, including technology and know-how that will enable users to bypass censorship, domain and service blocks, avoid monitoring, and access the Internet during outages.

The junta’s orders purposely violate human rights and endanger lives, and any company that complies risks being complicit in any harm to the user, including if they are the victim of abuse, torture, or murder. Orders may come under the barrel of a gun or the threat of sanctions or closure, but firms must recognize that compliance could lead to serious consequences. The country’s situation must serve as a reminder to telcos of their obligations to uphold human rights and their responsibility to protect the lives of their customers.

Defying the junta’s orders may be a final option, but should always be considered, and does not necessarily need to be the only recourse under current circumstances. As Telenor did immediately after the coup, they can publicly share these orders for surveillance, restrictions, and shutdowns. In fact, documentation of these demands that result in human rights violations will be important for when the time of reckoning comes for the junta.

Dr. Abel Pires Da Silva is a Member of Parliament (MP) in Timor-Leste, and a member of ASEAN Parliamentarians for Human Rights (APHR)